The Translated Indictment of Human Rights Lawyer Xie Yang in China

Chinese human rights lawyer Xie Yang has been arrested multiple times, with the most recent occurrence on January 11, 2022, when he was taken away by personnel from the Hunan Domestic Security Bureau (often abbreviated as "Guobao"). Xie Yang's father received the detention notice issued by Changsha Public Security Bureau only on the seventh day after Xie Yang's arrest, indicating that Xie Yang was criminally detained on suspicion of "inciting subversion of state power and picking quarrels and provoking troubles." Xie Yang is the first among the human rights lawyers who were released after the "709" mass arrest to be re-arrested under pocket crimes such as "inciting subversion of state power" and "picking quarrels and provoking troubles."

It was not until a year after his arrest that Xie Yang was allowed to meet with his defense attorney. Xie Yang stated that he was severely tortured in prison, subjected to beatings, not allowed to purchase items, and others were not allowed to give him food.

The full text of the indictment against Xie Yang issued by the procuratorate is as follows:

People's Procuratorate of Changsha City, Hunan Province

Indictment

Chang Prosecutor Criminal Proceedings [2022] No. 23

Defendant Xie Yang, male, born on February 4, 1972, with the citizen identification number 430304197202042051, of the Han nationality, with a master's degree, is the legal representative of Hunan He and Bu Tong Legal Consulting Services Co., Ltd. He lives at 1401, Building 3-23, Sunshine One Hundred New Town, Yuelu District, Changsha City, Hunan Province. On December 26, 2017, he was exempted from punishment by the Intermediate People's Court of Changsha City, Hunan Province, for inciting subversion of state power. On January 11, 2022, he was criminally detained by Changsha Public Security Bureau on suspicion of inciting subversion of state power and picking quarrels and provoking troubles, and was arrested with the approval of this court on February 17 of the same year. The arrest was executed by Changsha Public Security Bureau on the same day.

This case was investigated by Changsha Public Security Bureau and was transferred to this court on July 15, 2022, for prosecution review with the accusation that the defendant Xie Yang was suspected of inciting subversion of state power. After accepting the case, this court has informed the defendant of the right to appoint a defense counsel, interrogated the defendant in accordance with the law, heard the opinions of the defense counsel, and reviewed all case materials. Because the case is major and complex, this court extended the period for review and prosecution by 15 days from August 16, 2022.

After legal review, it is found that: Defendant Xie Yang, influenced by anti-China forces, developed the idea of overthrowing our country's current political system. On December 26, 2017, Xie Yang was legally exempted from punishment by the Intermediate People's Court of Changsha City for inciting subversion of state power. Since then, Xie Yang has not repented, continuing to publish attacks, denigration of state power, socialist system, and the leadership of the Chinese Communist Party through his registered domestic and foreign social media accounts or by taking the opportunity of interviews with foreign media, inciting subversion of state power and overthrowing the socialist system. Specific facts are as follows:

1.        Since 2018, defendant Xie Yang has used his Twitter and WeChat accounts to spread rumors and defame, posting or forwarding multiple tweets attacking state power, the socialist system, and the leadership of the Chinese Communist Party.

2.        Since 2020, defendant Xie Yang, taking advantage of interviews with foreign media such as Epoch Times, Voice of Germany, Voice of America, etc., has published speeches attacking state power, the socialist system, and the leadership of the Chinese Communist Party in ways such as spreading rumors and distorting facts. These speeches were published by the aforementioned media, causing severe political impact.

The evidence to prove the above facts is as follows:

Physical evidence such as mobile phones (photos); 2. Documentary evidence such as household registration certificate and criminal judgment; 3. Witness testimonies from Ou Biaofeng, Zhou Sijia, Chen Yanhui, etc.; 4. Expert opinion; 5. Extraction record; 6. Electronic data, technical investigation recordings, etc.; 7. Defendant's statements and explanations.

This court believes that defendant Xie Yang, by spreading rumors and defamation, incites subversion of state power and overthrow of the socialist system. His behavior violates the provisions of the second paragraph of Article 105 of the Criminal Law of the People's Republic of China. The facts of the crime are clear, and the evidence is real and sufficient, he should be held criminally responsible for inciting the subversion of state power. According to the provisions of the first paragraph of Article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated. Please sentence according to the law.

Respectfully,

Intermediate People's Court of Changsha City, Hunan Province

Prosecutor: Han Bingnan

Prosecutor: Huang Ting

 Prosecutor Assistant: Guo Menglong August 23, 2022

Attachments:

1.        Defendant Xie Yang is currently detained in the Changsha City First Detention Center.

2.        Case files include 17 volumes, 55 CDs, and 2 external hard drives.